The Truth and Reconciliation Commission: Implications for the Legal Profession

Size: px
Start display at page:

Download "The Truth and Reconciliation Commission: Implications for the Legal Profession"

Transcription

1 The Truth and Reconciliation Commission: Implications for the Legal Profession By Larry Chartrand, Director, Wiyasiwewin Mikiwahp/ Native Law Centre

2 A History of Social Disruption Canada has a long history of colonialism in relation to Indigenous peoples. This history and its policies of cultural genocide and assimilation have left deep scars on the lives of many Indigenous people, on Indigenous communities, as well as on Canadian society, and have deeply damaged the relationship between Aboriginal and non-aboriginal peoples. The Honourable Justice Sinclair:

3 Canadian government policy aimed to cause Aboriginal peoples to cease to exist as distinct legal, social, cultural, religious, and racial entities in Canada The residential school program was only one of many policies imposed to achieve the objective of cultural genocide.

4 Impact of Residential Schools Warning: These videos contain subject matter that may be disturbing to some visitors, particularly Survivors of the Residential School System. Please call the Health Canada 24-Hour National Survivors Crisis Line at if you need assistance.

5

6 The Legacy The negative social and economic circumstances that exist among Indigenous communities, families and individuals are products of the assimilation policies, of which the residential schools were one of the most significant factors and caused immeasurable harm.

7 The Need for Reconciliation The destructive impacts of residential schools, the Indian Act, and the Crown s failure to keep its Treaty promises have damaged the relationship between Aboriginal and non- Aboriginal peoples. The most significant damage is to the trust that has been broken between the Crown and Aboriginal peoples. (TRC, 2015)

8 Distrust and Division Remains

9 This broken trust must be repaired. The vision that led to this breach in trust must be replaced with a new vision for Canada one that fully embraces Aboriginal peoples right to self-determination within, and in partnership with, a viable Canadian sovereignty. (TRC, 2016)

10 Rebuilding Foundations 43) We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.

11 The UN Declaration A statement of minimum human rights standards for ensuring that Indigenous peoples can survive and exist with dignity. In 2007, after 25 years of development and negotiations, the UN General Assembly adopted the declaration.

12 Right to Self-Determination Article 3 a) Indigenous peoples have the right to selfdetermination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

13 Revitalizing and Recognizing Indigenous Laws 27. We call upon the Federation of Law Societies of Canada to ensure that lawyers receive appropriate cultural competency training, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.

14 UN Declaration There are a number of provisions in the United Nations Declaration that are expressly relevant to the issue of Indigenous Justice recognition. a) Article 9 of the Declaration asserts that Indigenous peoples have the right to belong to indigenous communities or nations according to their own traditions and customs. b) Article 19 provides that Indigenous peoples have the right [ ] to maintain and develop their own decision making institutions. c) Article 33 recognizes that Indigenous peoples have the right to maintain a justice system in accordance with their legal traditions.

15 OAS Declaration First International instrument to have articles entitled Indigenous Law. Article 16 states: 1. Indigenous law shall be recognized as a part of the states legal system and of the framework in which the social and economic development of the states takes place. 2. Indigenous Peoples have the right to maintain and reinforce their Indigenous legal systems and also to apply them to matters within their communities, including systems related to such matters as conflict resolution, crime prevention and maintenance of peace and harmony. 3. In the jurisdiction of any state, procedures concerning Indigenous Peoples or their interests shall be conducted in such a way as to ensure the right of Indigenous Peoples to full representation with dignity and equality before the law. This shall include observance of Indigenous Law and custom and, where necessary, use of their language.

16 Maintenance and Development of Indigenous Legal Systems The exercise by the Indigenous peoples of their law-making power and the application of those laws to resolve certain internal disputes without state intervention. The recognition by the State that certain issues are rightly settled through the application of Indigenous laws, so that the State will refrain from intervening in those issues. Finally, there will always be situations where the State s legal system will need to interact with spheres of activity regulated by Indigenous laws. a) In those situations, legal actors associated with the State, (judges, government officials) will need to ascertain and understand at least certain aspects of Indigenous legal systems, in order to apply them or to take them into consideration in settling a dispute governed, at least, in part, by State law. (Sebastien Grammond, 2013)

17 Cultural Competency and Lawyer Ethics

18 Relevant Ethical Principles 1. The lawyer owes the client a duty to be competent to perform any legal services 2. The lawyer must discharge with integrity all duties owed to clients 3. The lawyer should encourage public respect for and try to improve the administration of justice.

19 Competence Is the obligation of a lawyer to be competent include a lawyer s obligation to be culturally competent? What does this mean? a) Has been defined as the ability to accurately understand and adapt behavior to cultural difference and commonality (Adams) b) The ability to adapt, work and manage successfully in new and unfamiliar cultural settings (Sevens)

20 Why? Increasingly diverse country in a global world, Prominent professional competence requirement in other professions (Social work, Business, Education and Nursing) Already relied on in death penalty mitigation. In Wiggins v. Smith, the USSC held that trial counsel s failure to investigate the defendant s life history fell short of the professional standards that prevailed noting that social history investigation was standard practice. Ethnocentrism limits the attorney s ability to tell her client s story

21 Where common law ethical obligations must give way Without ethical competence a lawyer might not recognize that in some contexts (such as when circle sentencing processes are being employed) the ethical duty to advocate resolutely on behalf of your client which is appropriate in an adversarial setting is not at all appropriate in a community consensus decisionmaking format where traditional Indigenous methods of dispute resolution are applied.

22 Incorporating Cultural Competency Being able to effectively connect with people who are different from us not only based on our similarities, but also with respect to differences (Nova Scotia Barristers Society) The Law Society of Upper Canada has now identified cultural competence as a key component in its new Certified Specialist Program in Indigenous legal issues (June, 2016)

23 TRC Call to Action: We call upon the Federation of Law Societies of Canada to ensure that lawyers receive appropriate cultural competency training, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal Crown relations. This will require skillsbased training in intercultural competency, conflict resolution, human rights, and anti-racism.

24 Knowledge of the Law? Does this ethical duty include knowledge of Indigenous peoples own laws? a) Do lawyers violate existing professional ethical obligations to act competently on behalf of their clients when they fail to recognize and apply Indigenous legal principles (as opposed to the common law or civil law principles)?

25 Integrity The lawyer s duty to discharge with integrity at a minimum must include the obligation to do no more further harm to a client in providing legal services. Is there an obligation on the lawyer to challenge the unjust and discriminatory Aboriginal and Treaty rights doctrine that is currently applied by the courts?

26 Aboriginal Rights Doctrine as Unjust British/Canadian Law s Contribution to the Negative Indigenous Colonial Experience: a) It is well understood that the existing judicially defined Aboriginal Rights doctrine is fundamentally harmful. Without an explicit rejection of the doctrine of discovery, and all that grew out of this poisonous root, implicit assumptions about the inferiority of Aboriginal peoples, laws and ways of life will persist in Canadian law and result in destructive policies and restrictive rights jurisprudence In other words, the roots of Aboriginal law are rotten and incapable of bearing anything that is sustainable. (Justice Harry Laforme, Ontario Court of Justice, 2013)

27 Aboriginal Rights Doctrine as a Breach of Human Rights The domestic Aboriginal rights doctrine law fails to meet the minimum human rights standards recognized in the UN Declaration on the Rights of Indigenous Peoples.

28 Is blind participation in an unjust status quo unethical? At a fundamental level, ethics is about ensuring that in undertaking an activity or service one must avoid, at minimum, causing undue harm in the pursuit of that activity or service. Lawyers who apply Aboriginal rights doctrine in a black letter law approach by uncritically applying the tests and principles adopted by the Supreme Court of Canada as if this field of law is like any other are acting unethical in my opinion. The integrity of the legal profession is put at risk by blindly accepting the unjust premises and precedents of Aboriginal rights law.

29

30 We are all Treaty people In most parts of Canada, the rights of Canadian non-indigenous people are based on treaty. The right to be governed by a Canadian government and to live on the land is dependent on Treaty rights.

31

32 Treaty Federalism Is a conceptual framework to resolve the problems of First Nation - Crown treaty reconciliation. This implies that a process of political reconciliation is necessary to clarify the respective jurisdictions of the treaty partners. In essence then, treaties are negotiated agreements of a confederal nature akin to the terms of union that implicate the principle of federalism (i.e. the balance of autonomy with interdependence). Attention now must be spent on how to implement shared rule with First Nation Treaty partners.

33 Treaty Based Criminal Justice System? According to non-colonial biased Treaty interpretations, Treaty First Nations justice systems should apply not just on reserves but on the shared territories with the newcomers as well. We need to have a meaningful discussion of how to honour Treaty where the idea of self-government over justice was not surrendered in the treaty.

34 Legally Plural Territory Like the Two Row Wampum, the history of treaty negotiations here confirms that Settlers would comply with Settler law and Cree with Cree law. The shared country was to have a legally plural system of laws. If a Non-Cree offends against a Cree person, who s legal system applies if both Cree and Canadian governments share responsibility for the territory? In any event, the wholesale unilateral imposition of the Canadian Criminal justice system is a violation of Treaty. It always has been and continues to be a violation.

35 Conclusion Duty to Learn The Court s judgment in Delgamuukw concluded with the words, Let us face it, we are all here to stay. True enough: but if in the face of this reality we are to find space for multiple legal orders to co-exist, and if we are ultimately to achieve an equal reconciliation, we must recognize that to stay must also be to learn Chief Justice Finch (BCCA former)

36 Ay-Ay Merci Thanks

A/HRC/EMRIP/2015/CRP.4

A/HRC/EMRIP/2015/CRP.4 Distr.: Restricted 20 July 2015 English only Human Rights Council Expert Mechanism on the Rights of Indigenous Peoples Eighth session 20-24 July 2015 Item 8 of the provisional agenda United Nations Declaration

More information

CLEBC TRUTH AND RECONCILIATION ACTION PLAN: ANSWERING THE CALLS TO ACTION

CLEBC TRUTH AND RECONCILIATION ACTION PLAN: ANSWERING THE CALLS TO ACTION CLEBC TRUTH AND RECONCILIATION ACTION PLAN: ANSWERING THE CALLS TO ACTION Nov. 17, 2017 Background The Truth and Reconciliation Commission (TRC) was established in 2008 as part of the settlement of the

More information

principles Respecting the Government of Canada's Relationship with Indigenous Peoples

principles Respecting the Government of Canada's Relationship with Indigenous Peoples principles Respecting the Government of Canada's Relationship with Indigenous Peoples Principles Respecting the Government of Canada's 2 Information contained in this publication or product may be reproduced,

More information

Defenders of the Land & Idle No More Networks

Defenders of the Land & Idle No More Networks Defenders of the Land & Idle No More Networks PRESS RELEASE Defenders of the Land & Idle No More Condemn Government of Canada s 10 Principles (August 25, 2017) When the Government of Canada s released

More information

RECOGNITION AND IMPLEMENTATION OF RIGHTS FORUM RECOMMENDATIONS GENERATED BY BC CHIEFS AND LEADERSHIP

RECOGNITION AND IMPLEMENTATION OF RIGHTS FORUM RECOMMENDATIONS GENERATED BY BC CHIEFS AND LEADERSHIP 1 RECOGNITION AND IMPLEMENTATION OF RIGHTS FORUM RECOMMENDATIONS GENERATED BY BC CHIEFS AND LEADERSHIP Thursday, April 12, 2018 7:30 am 4:30 pm Coast Salish Territories Pinnacle Hotel Harbourfront 1133

More information

OVERVIEW OF A RECOGNITION AND IMPLEMENTATION OF INDIGENOUS RIGHTS FRAMEWORK

OVERVIEW OF A RECOGNITION AND IMPLEMENTATION OF INDIGENOUS RIGHTS FRAMEWORK OVERVIEW OF A RECOGNITION AND IMPLEMENTATION OF INDIGENOUS RIGHTS FRAMEWORK Background The Government of Canada is committed to renewing the relationship with First Nations, Inuit and Métis based on the

More information

Truth and Reconciliation

Truth and Reconciliation Truth and Reconciliation "Colonial Persuasions: Sovereignty as the Limit of Reconciliation Education for New Canadians" Kevin Fitzmaurice P2P Conference Nov 2017 Outline of Talk (A work in Progress) The

More information

CLC Discussion Document: Framework for a Labour Plan of Action on Reconciliation with Justice

CLC Discussion Document: Framework for a Labour Plan of Action on Reconciliation with Justice CLC Discussion Document: Framework for a Labour Plan of Action on Reconciliation with Justice This discussion document comprises excerpts from the research document being prepared on behalf of the CLC

More information

TO: FROM: SUBJECT: RECOMMENDATION THAT,

TO: FROM: SUBJECT: RECOMMENDATION THAT, January 6, 2016 TO: Park Board Chair and Commissioners FROM: General Manager Vancouver Board of Parks and Recreation SUBJECT: Truth and Reconciliation Commission Calls to Action RECOMMENDATION THAT, in

More information

Introduction to the United Nations Declaration on the Rights of Indigenous Peoples

Introduction to the United Nations Declaration on the Rights of Indigenous Peoples ASSEMBLY OF FIRST NATIONS Introduction to the United Nations Declaration on the Rights of Indigenous Peoples Summary of Key Points Declaration negotiated over a 24-year period with Indigenous Peoples,

More information

Equity for Aboriginal People

Equity for Aboriginal People Equity for Aboriginal People October 12, 2017 David Arnot, Chief Commissioner Saskatchewan Human Rights Commission Taking Action Reconcili-ACTION requires understanding and education: What happened in

More information

From Promise to Action: Implementing Canada s Commitments on Poverty. Submission to the Human Rights Council s Universal Periodic Review of Canada

From Promise to Action: Implementing Canada s Commitments on Poverty. Submission to the Human Rights Council s Universal Periodic Review of Canada From Promise to Action: Implementing Canada s Commitments on Poverty Submission to the Human Rights Council s Universal Periodic Review of Canada September, 2008 1 Executive Summary 1. Citizens for Public

More information

Responding to the Truth and Reconciliation Commission s Calls to Action

Responding to the Truth and Reconciliation Commission s Calls to Action Responding to the Truth and Reconciliation Commission s Calls to Action CANADIAN BAR ASSOCIATION March 2016 500-865 Carling Avenue, Ottawa, ON, Canada K1S 5S8 tel/tél : 613.237.2925 toll free/sans frais

More information

CANADA'S WAR ON FIRST NATIONS. By Russell Diabo First Nations Policy Analyst

CANADA'S WAR ON FIRST NATIONS. By Russell Diabo First Nations Policy Analyst CANADA'S WAR ON FIRST NATIONS By Russell Diabo First Nations Policy Analyst CANADA'S RESIDENTIAL SCHOOL APOLOGY On June 11, 2008, Prime Minister Stephen Harper issued a scripted apology to Residential

More information

A PROPOSAL FOR A PROCESS TO RE-ESTABLISH A NATION TO NATION GOVERNMENT TO GOVERNMENT RELATIONSHIP

A PROPOSAL FOR A PROCESS TO RE-ESTABLISH A NATION TO NATION GOVERNMENT TO GOVERNMENT RELATIONSHIP A PROPOSAL FOR A PROCESS TO RE-ESTABLISH A NATION TO NATION GOVERNMENT TO GOVERNMENT RELATIONSHIP BETWEEN THE IROQUOIS CAUCUS MEMBER NATIONS AND THE GOVERNMENT OF CANADA A Proposal for Prime Minister Justin

More information

Union of BC Municipalities Reconciliation Canada Partnership Agreement

Union of BC Municipalities Reconciliation Canada Partnership Agreement Union of BC Municipalities Reconciliation Canada Partnership Agreement Purpose This Partnership Outline is made on September 2, 2014 between: The Union of British Columbia Municipalities ( UBCM ) and Reconciliation

More information

Truth and Reconciliation Commission of Canada: Calls to Action

Truth and Reconciliation Commission of Canada: Calls to Action Truth and Reconciliation Commission of Canada: Calls to Action Truth and Reconciliation Commission of Canada: Calls to Action This report is in the public domain. Anyone may, without charge or request

More information

Government of Canada s position on the right of self-determination within Article 1

Government of Canada s position on the right of self-determination within Article 1 Government of Canada s position on the right of self-determination within Article 1 25. The Government of Canada believes that the understanding of the right of self-determination is evolving to include

More information

Town of Canmore commitments to Truth and Reconciliation Calls to Action

Town of Canmore commitments to Truth and Reconciliation Calls to Action Town of Canmore commitments to Truth and Reconciliation Calls to Action Canada today is struggling with the complexities of understanding its relationship with Indigenous Peoples. As First Nations, Metis,

More information

First Nations in Canada Contemporary Issues

First Nations in Canada Contemporary Issues First Nations in Canada Contemporary Issues 1) Is it true that First Nation peoples do not pay taxes and get free university? These are both pervasive myths that perpetuate misconceptions about indigenous

More information

Closing the Gap: Seeking Reconciliation, Advancing First Nations Well Being and Human Rights

Closing the Gap: Seeking Reconciliation, Advancing First Nations Well Being and Human Rights Closing the Gap: Seeking Reconciliation, Advancing First Nations Well Being and Submission to Canada s Premiers July 15, 2015 Draft Submission to Canada s Premiers, July 15, 2015 1 The Assembly of First

More information

DRAFT GUIDELINES FOR MINISTRIES ON CONSULTATION WITH ABORIGINAL PEOPLES RELATED TO ABORIGINAL RIGHTS AND TREATY RIGHTS

DRAFT GUIDELINES FOR MINISTRIES ON CONSULTATION WITH ABORIGINAL PEOPLES RELATED TO ABORIGINAL RIGHTS AND TREATY RIGHTS For Discussion Purposes Only DRAFT GUIDELINES FOR MINISTRIES ON CONSULTATION WITH ABORIGINAL PEOPLES RELATED TO ABORIGINAL RIGHTS AND TREATY RIGHTS This information is for general guidance only and is

More information

The Production of Indian Policy

The Production of Indian Policy Before all words The Production of Indian Policy 1857 to 1971 State determined upon advice of military and church Limited academic involvement Some public input 1971 + Aboriginal influenced through consultation

More information

ASSEMBLY OF FIRST NATIONS 2018 ANNUAL GENERAL ASSEMBLY VANCOUVER, BC JULY 24, 25 & 26, 2018 FINAL RESOLUTIONS

ASSEMBLY OF FIRST NATIONS 2018 ANNUAL GENERAL ASSEMBLY VANCOUVER, BC JULY 24, 25 & 26, 2018 FINAL RESOLUTIONS ASSEMBLY OF FIRST NATIONS 2018 ANNUAL GENERAL ASSEMBLY VANCOUVER, BC JULY 24, 25 & 26, 2018 FINAL RESOLUTIONS # Title 15 Renewed Call for Vatican Apology 16 Support for the Indigenous Heritage Circle 17

More information

Scrolls for the Grade 9-12 and adult version of the Blanket Exercise, third edition

Scrolls for the Grade 9-12 and adult version of the Blanket Exercise, third edition Scrolls for the Grade 9-12 and adult version of the Blanket Exercise, third edition This PDF is available free of charge at: http://www.kairoscanada.org/dignity-rights/indigenousrights/blanket-exercise/

More information

SOVEREIGNTY, JURISDICTION AND GUIDING PRINCIPLES IN ABORIGINAL EDUCATION IN CANADA

SOVEREIGNTY, JURISDICTION AND GUIDING PRINCIPLES IN ABORIGINAL EDUCATION IN CANADA SOVEREIGNTY, JURISDICTION AND GUIDING PRINCIPLES IN ABORIGINAL EDUCATION IN CANADA ERIC JOHNSTON, R.R. 5, Wiarton, Ontario, Canada, N0H 2T0. and DIANE LONGBOAT, Indian Health Careers Program, University

More information

THE GENESIS OF THE DUTY TO CONSULT AND THE SUPERME COURT

THE GENESIS OF THE DUTY TO CONSULT AND THE SUPERME COURT THE GENESIS OF THE DUTY TO CONSULT AND THE SUPERME COURT The judicial genesis of the legal duty of consultation began with a series of Aboriginal right and title decisions providing the foundational principles

More information

BIG IDEAS. A society s laws and legal framework affect many aspects of people s daily lives. Learning Standards

BIG IDEAS. A society s laws and legal framework affect many aspects of people s daily lives. Learning Standards Area of Learning: SOCIAL STUDIES Law Studies Grade 12 BIG IDEAS Understanding legal rights and responsibilities allows citizens to participate more fully in society. Laws can maintain the status quo and

More information

WHAT WE HEARD SO FAR

WHAT WE HEARD SO FAR WHAT WE HEARD SO FAR National Engagement with Indigenous Peoples on the Recognition and Implementation of Indigenous Rights February-June 2018 ** Please note that all What we Heard statements included

More information

Resetting the Aboriginal Canadian Relationship: Musings on Reconciliation.

Resetting the Aboriginal Canadian Relationship: Musings on Reconciliation. Resetting the Aboriginal Canadian Relationship: Musings on Reconciliation. The very recent Idle No More movement speaks of restructuring the relationship between First Nations people in such a way that

More information

SOCIAL STUDIES 20-2: Understandings of Nationalism

SOCIAL STUDIES 20-2: Understandings of Nationalism SOCIAL STUDIES 20-2: Understandings of Nationalism Overview Students will examine historical and contemporary understandings of nationalism in Canada and the world. They will explore the origins of nationalism

More information

South Slave Divisional Education Council. Social Studies Title: Understandings of Nationalism Curriculum Package

South Slave Divisional Education Council. Social Studies Title: Understandings of Nationalism Curriculum Package South Slave Divisional Education Council Social Studies 20-2 Title: Understandings of Nationalism Curriculum Package 12 DIMENSIONS OF THINKING (embedded throughout all units) Develop skills of critical

More information

Pli Policy. Three Routes to Title. Crim419 / FNST419 Fall/2018. Canada s Indian Policy. The Meaning of Treaties

Pli Policy. Three Routes to Title. Crim419 / FNST419 Fall/2018. Canada s Indian Policy. The Meaning of Treaties Crim419 / FNST419 Fall/2018 Pli Policy Three Routes to Title 1. The land is vacant: terra nullius. Doctrine of Discovery. (e.g., Caribbean, Australia) 2. The inhabitants are invaded/conquered in a just

More information

DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS Division for Social Policy and Development Secretariat of the Permanent Forum on Indigenous Issues

DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS Division for Social Policy and Development Secretariat of the Permanent Forum on Indigenous Issues PFII/2017/EGM Original: English UNITED NATIONS NATIONS UNIES DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS Division for Social Policy and Development Secretariat of the Permanent Forum on Indigenous Issues

More information

Recognizing Indigenous Peoples Rights in Canada

Recognizing Indigenous Peoples Rights in Canada Recognizing Indigenous Peoples Rights in Canada Dr. M.A. (Peggy) Smith, RPF Faculty of Natural Resources Management Lakehead University, Thunder Bay, Ontario, Canada Presented to MEGAflorestais, Whistler,

More information

S.O Examine perspectives on the imposition of liberalism. Ch. 9 Imposing liberalism

S.O Examine perspectives on the imposition of liberalism. Ch. 9 Imposing liberalism The Story Thus Far: S.O. 2.11 Examine perspectives on the imposition of liberalism Ch. 9 Imposing liberalism So far this unit, we ve talked about the roots of liberalism, impacts of and responses to classical

More information

Submission of the Assembly of First Nations to the UN Expert Mechanism on the Rights of Indigenous Peoples

Submission of the Assembly of First Nations to the UN Expert Mechanism on the Rights of Indigenous Peoples Submission of the Assembly of First Nations to the UN Expert Mechanism on the Rights of Indigenous Peoples Study on the Right to Health and Indigenous Peoples with a focus on Children and Youth February

More information

December 2 nd, Sent Via

December 2 nd, Sent Via December 2 nd, 2014 Sent Via Email Premier@gov.ab.ca The Honourable Jim Prentice Premier of Alberta and Minister of Aboriginal Relations 307 Legislature Building 10800-97 Avenue Edmonton, AB T5K 2B6 Dear

More information

Legal Review of Canada s Interim Comprehensive Land Claims Policy

Legal Review of Canada s Interim Comprehensive Land Claims Policy TO: FROM: SUBJECT: Union of B.C. Indian Chiefs Bruce McIvor Legal Review of Canada s Interim Comprehensive Land Claims Policy DATE: November 4, 2014 This memorandum provides a legal review of Canada s

More information

Culturally Relevant Gender Based Analysis

Culturally Relevant Gender Based Analysis Culturally Relevant Gender Based Analysis A Policy Paper Prepared for The Second National Aboriginal Women s Summit II Native Women s Association of Canada Yellowknife, NT July 29 31, 2008 July 2008 Native

More information

APPENDIX A Citizenship Continuum of Study from K gr. 3 Page 47

APPENDIX A Citizenship Continuum of Study from K gr. 3 Page 47 APPENDIX A Citizenship Continuum of Study from K gr. 3 Page 47 Citizenship Continuum of Study from K gr. 3 Engaged Citizens: work to understand issues and associated actions. Life Long Learning Citizens:

More information

Social Studies 20-2 Learning Partnership Approach. Key Skill and Learning Outcomes

Social Studies 20-2 Learning Partnership Approach. Key Skill and Learning Outcomes Social Studies 20-2 Learning Partnership Approach Key Skill and Learning Outcomes OVERVIEW: (Answers the basic what is the overall focus of the course) Social Studies 20-2 Students will examine historical

More information

MEMORANDUM. Douglas White and Dr. Roshan Danesh. Tsilhqot in Nation and the British Columbia Treaty Process

MEMORANDUM. Douglas White and Dr. Roshan Danesh. Tsilhqot in Nation and the British Columbia Treaty Process MEMORANDUM To: From: Re: Chiefs Executive Council, Okanagan Nation Alliance Douglas White and Dr. Roshan Danesh Tsilhqot in Nation and the British Columbia Treaty Process Date: February 12, 2016 A. QUESTION

More information

2018/ /21 SERVICE PLAN

2018/ /21 SERVICE PLAN Ministry of Indigenous Relations and Reconciliation 2018/19 2020/21 SERVICE PLAN February 2018 For more information on the British Columbia Ministry of Indigenous Relations and Reconciliation contact:

More information

Canada: Implementation of the United Nations Declaration on the Rights of Indigenous Peoples

Canada: Implementation of the United Nations Declaration on the Rights of Indigenous Peoples Canada: Implementation of the United Nations Declaration on the Rights of Indigenous Peoples Joint Submission to the UN Committee on the Elimination of Racial Discrimination 93 rd Session, 31 July - 25

More information

LEGAL DEVELOPMENTS IN THE DUTY TO CONSULT November, Meaghan Conroy Associate, Ackroyd LLP

LEGAL DEVELOPMENTS IN THE DUTY TO CONSULT November, Meaghan Conroy Associate, Ackroyd LLP ACKROYD LLP LEGAL DEVELOPMENTS IN THE DUTY TO CONSULT November, 2009 Meaghan Conroy Associate, Ackroyd LLP Since the release of The Supreme Court of Canada decisions in Haida 1, Taku 2 and Mikisew 3, Canadian

More information

The Attorney General of Canada s Directive on Civil Litigation Involving Indigenous Peoples

The Attorney General of Canada s Directive on Civil Litigation Involving Indigenous Peoples The Attorney General of Canada s Directive on Civil Litigation Involving Indigenous Peoples 2 Information contained in this publication or product may be reproduced, in part or in whole, and by any means,

More information

U N D E C L A R AT I O N O N T H E R I G H T S O F INDIGENOUS PEOPLES:

U N D E C L A R AT I O N O N T H E R I G H T S O F INDIGENOUS PEOPLES: Understanding and Implementing the U N D E C L A R AT I O N O N T H E R I G H T S O F INDIGENOUS PEOPLES: Presented by Professor Brenda L. Gunn Background to the UN Declaration The UN Declaration on the

More information

SOCIAL STUDIES 10-2: Living in a Globalizing World

SOCIAL STUDIES 10-2: Living in a Globalizing World SOCIAL STUDIES 10-2: Living in a Globalizing World Overview Students will explore historical aspects of globalization as well as the effects of globalization on lands, cultures, human rights and quality

More information

Heritage and Citizenship - Grade 6

Heritage and Citizenship - Grade 6 Heritage and Citizenship - Grade 6 Early Explorers The Task There were many results of contact for both the Europeans and the First Nation peoples (e.g., sharing of beliefs/knowledge/skills; intermarriage;

More information

June 2015 INTRODUCTION

June 2015 INTRODUCTION ONTARIO PUBLIC SCHOOL BOARDS ASSOCIATION ADVOCACY PAPER FOR MANDATORY FIRST NATION, MÉTIS AND INUIT COMPONENTS IN ONTARIO S SOCIAL STUDIES AND HISTORY CURRICULUM (A PROJECT OF OPSBA S FIRST NATION TRUSTEES

More information

A political theory of territory

A political theory of territory A political theory of territory Margaret Moore Oxford University Press, New York, 2015, 263pp., ISBN: 978-0190222246 Contemporary Political Theory (2017) 16, 293 298. doi:10.1057/cpt.2016.20; advance online

More information

FEDERAL ELECTION 2015 FEDERAL PARTY COMMITMENTS OF INTEREST TO FIRST NATIONS STRENGTHENING FIRST NATIONS, FAMILIES AND COMMUNITIES

FEDERAL ELECTION 2015 FEDERAL PARTY COMMITMENTS OF INTEREST TO FIRST NATIONS STRENGTHENING FIRST NATIONS, FAMILIES AND COMMUNITIES FEDERAL ELECTION 2015 FEDERAL PARTY COMMITMENTS OF INTEREST TO FIRST NATIONS The AFN presented Closing the Gap: 2015 Federal Election Priorities for First Nations and Canada on September 2, 2015. The document

More information

Discrimination & Human Rights

Discrimination & Human Rights Discrimination & Human Rights January 1, 2014 http://www.dal.ca/faculty/law/dlas/public-legal-education.html Acknowledgement Dalhousie Legal Aid Service would like to gratefully acknowledge and thank the

More information

19 th Annual Conference First Nations Technical Services Advisory Group Inc. Theme: Building Connections

19 th Annual Conference First Nations Technical Services Advisory Group Inc. Theme: Building Connections 19 th Annual Conference First Nations Technical Services Advisory Group Inc. Theme: Building Connections Bonnie Healy, RN AFNIGC Operations Manager October 19 th, 2016 Our Organization Incorporation Governance

More information

Frequently Asked Questions on Mobility

Frequently Asked Questions on Mobility Frequently Asked Questions on Mobility These FAQs are intended to provide you with an overview to the provisions respecting mobility. The questions and answers are intended as a guide only. Lawyers seeking

More information

Existing Measures & Engagement on Missing and Murdered Indigenous Women & Girls A Preliminary Response to Invisible Women

Existing Measures & Engagement on Missing and Murdered Indigenous Women & Girls A Preliminary Response to Invisible Women Existing Measures & Engagement on Missing and Murdered Indigenous Women & Girls A Preliminary Response to Invisible Women Presented by: Winnie Babou, Drew Meerveld and Jessie Wallace, December 2015 Faculté

More information

NOVA SCOTIA BARRISTERS SOCIETY HEARING PANEL Citation: Nova Scotia Barristers Society v. Savoie, 2005 NSBS 6

NOVA SCOTIA BARRISTERS SOCIETY HEARING PANEL Citation: Nova Scotia Barristers Society v. Savoie, 2005 NSBS 6 NOVA SCOTIA BARRISTERS SOCIETY HEARING PANEL Citation: Nova Scotia Barristers Society v. Savoie, 2005 NSBS 6 Date: 20051216 Docket: S.H. No. 260151 Registry: Halifax The CANADA EVIDENCE ACT - and - The

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: Yahey v. British Columbia, 2018 BCSC 278 Date: 20180226 Docket: S151727 Registry: Vancouver Marvin Yahey on his own behalf and on behalf of all

More information

THE WOMEN ARE THE TITLE HOLDERS of the land of Turtle Island as recalled by Wampum 44 of the Kaianereh'ko:wa, constitution of the Rotinonhsonni:onwe

THE WOMEN ARE THE TITLE HOLDERS of the land of Turtle Island as recalled by Wampum 44 of the Kaianereh'ko:wa, constitution of the Rotinonhsonni:onwe 08.02.2007 17:38:27 Fraudulent Land Claim Settlement of "City of Toronto" WOMEN TITLE HOLDERS OF SIX NATIONS CONFEDERACY CHARGE CANADA FOR VIOLATING TWO ROW WAMPUM, SILVER COVENANT CHAIN AND INTERNATIONAL

More information

Community Policing in Canada s First Nations Communities from Self- Administered First Nations Policing Services An Overview.

Community Policing in Canada s First Nations Communities from Self- Administered First Nations Policing Services An Overview. Community Policing in Canada s First Nations Communities from Self- Administered First Nations Policing Services An Overview. Montreal, Quebec March 29, 2011 Chief Stan C. Grier, President First Nations

More information

Aboriginal Law Update

Aboriginal Law Update November 24, 2005 Aboriginal Law Update The Mikisew Cree Decision: Balancing Government s Power to Manage Lands and Resources with Consultation Obligations under Historic Treaties On November 24, 2005,

More information

To research and develop justice programming which will initiate change for the betterment of all parties.

To research and develop justice programming which will initiate change for the betterment of all parties. Holly Meuse, a Mi kmaq Customary Law Case Worker with Mi kmaq Legal Support Network (MLSN), will be in our Yarmouth office on December 5 from 10 am to 2 pm to meet with any Band members who require services

More information

ABORIGINAL EDUCATION IN CANADA: A COSTLY JOURNEY

ABORIGINAL EDUCATION IN CANADA: A COSTLY JOURNEY ABORIGINAL EDUCATION IN CANADA: A COSTLY JOURNEY Presentation by Dr. Christy R. Bressette The Ethics of Everyday Life Winter Series Third Age Learning Burlington, Ontario March 3, 2016 1 KETTLE AND STONY

More information

Social Studies 9 Review Package

Social Studies 9 Review Package Social Studies 9 Review Package Vocabulary Complete the following vocabulary in YOUR OWN words General Advocacy Analyze Biased Cause and Effect Challenges Consensus Criteria Debate Economic System Governance

More information

National Mobility Agreement

National Mobility Agreement National Mobility Agreement Federation of Law Societies of Canada / Fédération des ordres professionnels de juristes du Canada 480-445, boulevard Saint-Laurent Montreal, Quebec H2Y 2Y7 Tel (514) 875-6350

More information

THAT WHICH GIVES US LIFE. The Syilx People have always governed our land according to principles that are entrenched in traditional knowledge.

THAT WHICH GIVES US LIFE. The Syilx People have always governed our land according to principles that are entrenched in traditional knowledge. THAT WHICH GIVES US LIFE The Syilx People have always governed our land according to principles that are entrenched in traditional knowledge. The Syilx/Okanagan People are: A Non-treaty First Nation and

More information

Oppression of vulnerable clients from a social agency perspective: The role of social workers in social justice

Oppression of vulnerable clients from a social agency perspective: The role of social workers in social justice Oppression of vulnerable clients from a social agency perspective: The role of social workers in social justice Calgary Urban Project Society(CUPS) To staff and some vulnerable population By: Bayo Ogunbote

More information

9 GRADE CANADA IN THE CONTEMPORARY WORLD

9 GRADE CANADA IN THE CONTEMPORARY WORLD CANADA IN THE CONTEMPORARY WORLD 9 GRADE Grade Overview 62 Cluster Descriptions 63 Grade 9 Skills 64 Core Concept Citizenship 68 General and Specific Learning Outcomes 69 Clusters: Cluster 1: Diversity

More information

Concentus Citizenship Education Resources

Concentus Citizenship Education Resources Concentus Citizenship Education Resources Intentional and Explicit Teaching of Citizenship Democracy is fragile and requires eternal vigilance and participation. Session Outcomes Why Citizenship Education?

More information

Native Title A Canadian Perspective. R. Scott Hanna, BSc, MRM, CEnvP (IA Specialist) 19 February 2015

Native Title A Canadian Perspective. R. Scott Hanna, BSc, MRM, CEnvP (IA Specialist) 19 February 2015 Native Title A Canadian Perspective R. Scott Hanna, BSc, MRM, CEnvP (IA Specialist) 19 February 2015 09/2013 Topics of Presentation Aboriginal Peoples and First Nations of Canada Historic and Modern Treaties

More information

RECOGNITION OF INDIGENOUS PEOPLES RIGHTS - NOT EXTINGUISHMENT!

RECOGNITION OF INDIGENOUS PEOPLES RIGHTS - NOT EXTINGUISHMENT! UN Human Rights Council (HRC) - UNIVERSAL PERIODIC REVIEW (UPR) RECOGNITION OF INDIGENOUS PEOPLES RIGHTS - NOT EXTINGUISHMENT! Indigenous Network on Economies and Trade (INET) Individual Indigenous Submission

More information

The Law Society of British Columbia In the matter of the Legal Profession Act, SBC 1998, c.9 and a hearing concerning. Robert John Douglas McRoberts

The Law Society of British Columbia In the matter of the Legal Profession Act, SBC 1998, c.9 and a hearing concerning. Robert John Douglas McRoberts 2010 LSBC 19 Report issued: August 03, 2010 The Law Society of British Columbia In the matter of the Legal Profession Act, SBC 1998, c.9 and a hearing concerning Robert John Douglas McRoberts Applicant

More information

Lifelong Learning in Professionalism: a Role for the Academy Professor Michael Code

Lifelong Learning in Professionalism: a Role for the Academy Professor Michael Code Lifelong Learning in Professionalism: a Role for the Academy Professor Michael Code A. Introduction The recent Review of Large and Complex Criminal Case Procedures [the Review or the Report] 1 spent a

More information

KINDER MORGAN CANADA LIMITED: BRIEF ON LEGAL RISKS FOR TRANS MOUNTAIN

KINDER MORGAN CANADA LIMITED: BRIEF ON LEGAL RISKS FOR TRANS MOUNTAIN West Coast Environmental Law Association 200-2006 W.10 th Avenue Vancouver, BC Coast Salish Territories wcel.org 2017 KINDER MORGAN CANADA LIMITED: BRIEF ON LEGAL RISKS FOR TRANS MOUNTAIN May 29, 2017

More information

SUBMISSION OF THE NATIVE WOMEN S ASSOCIATION OF CANADA REGARDING THE UNIVERSAL PERIODIC REVIEW OF CANADA BY THE HUMAN RIGHTS COUNCIL

SUBMISSION OF THE NATIVE WOMEN S ASSOCIATION OF CANADA REGARDING THE UNIVERSAL PERIODIC REVIEW OF CANADA BY THE HUMAN RIGHTS COUNCIL SUBMISSION OF THE NATIVE WOMEN S ASSOCIATION OF CANADA REGARDING THE UNIVERSAL PERIODIC REVIEW OF CANADA BY THE HUMAN RIGHTS COUNCIL SEPTEMBER 8, 2008 1. The Native Women s Association of Canada (NWAC)

More information

Intergenerational Trauma and Aboriginal Homelessness

Intergenerational Trauma and Aboriginal Homelessness An introduction for Hamilton s Intergenerational Trauma and Aboriginal Homelessness service providers and community members The SPRC s Profile of Aboriginal Residents, published in 2015, reported that

More information

During settlement and colonization, treaties were negotiated between the Crown and local Aboriginal

During settlement and colonization, treaties were negotiated between the Crown and local Aboriginal What are Aboriginal rights? Aboriginal rights are collective rights which flow from Aboriginal peoples continued use and occupation of certain areas. They are inherent rights which Aboriginal peoples have

More information

Transforming the Relationship to Work Together on a Shared Vision for First Nations

Transforming the Relationship to Work Together on a Shared Vision for First Nations Transforming the Relationship to Work Together on a Shared Vision for First Nations National Chief Shawn A-in-chut Atleo Presentation to the Standing Committee on Aboriginal Affairs & Northern Development

More information

OPEN LETTER URGING RESPECT FOR THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN THE PEACE VALLEY REGION

OPEN LETTER URGING RESPECT FOR THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN THE PEACE VALLEY REGION The Honourable John Horgan, Premier of British Columbia PO Box 9041 STN PROV GOVT Victoria, BC V8W 9E1 premier@gov.bc.ca By Fax: 250-387-0087 OPEN LETTER URGING RESPECT FOR THE HUMAN RIGHTS OF INDIGENOUS

More information

Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe (Mowatocknie Maklaksûm)

Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe (Mowatocknie Maklaksûm) Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe (Mowatocknie Maklaksûm) We, the Mowatocknie Maklaksûm (Modoc Indian People), Guided by our faith in the One True God,

More information

BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS

BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS Proposed Solutions / Desired Outcomes First Nations Crown Gathering January 24, 2012 BC Assembly of First Nations Proposed Solutions and Desired Outcomes First

More information

300K Robson Hall Faculty of Law, University of Manitoba (204)

300K Robson Hall Faculty of Law, University of Manitoba (204) Brenda L. Gunn Degrees and Qualifications 300K Robson Hall Faculty of Law, University of Manitoba brenda.gunn@umanitoba.ca (204) 272-1667 2008 Barrister and Solicitor, Law Society of Manitoba 2007 Barrister

More information

THE GENESIS OF ABORIGINAL RIGHTS AND THE DUTY TO CONSULT

THE GENESIS OF ABORIGINAL RIGHTS AND THE DUTY TO CONSULT THE GENESIS OF ABORIGINAL RIGHTS AND THE DUTY TO CONSULT UBC Institute for Resources, Environment & Sustainability Date: September 16 th, 2014 Presented by: Rosanne M. Kyle 604.687.0549, ext. 101 rkyle@jfklaw.ca

More information

Affirming First Nations Rights, Title and Jurisdiction

Affirming First Nations Rights, Title and Jurisdiction Affirming First Nations Rights, Title and Jurisdiction September 5, 2018 This document is intended to provide technical analysis to aid First Nations leadership. It is not an Assembly of First Nations

More information

The Nova Scotia Restorative Justice Program

The Nova Scotia Restorative Justice Program The Nova Scotia Restorative Justice Program October 2018 Crown copyright, Province of Nova Scotia, 2018 Nova Scotia Restorative Justice Program: October 2018 Department of Justice ISBN: 978-1-55457-897-9

More information

JUS5710/JUR1710 Institutions and Procedures

JUS5710/JUR1710 Institutions and Procedures JUS5710/JUR1710 Institutions and Procedures 1 T H E R I G H T O F S E L F - D E T E R M I N A T I O N U N P R O C E D U R E S The right to self-determination Changed the international law setting from

More information

Provincial Jurisdiction After Delgamuukw

Provincial Jurisdiction After Delgamuukw 2.1 ABORIGINAL TITLE UPDATE Provincial Jurisdiction After Delgamuukw These materials were prepared by Albert C. Peeling of Azevedo & Peeling, Vancouver, B.C. for Continuing Legal Education, March, 1998.

More information

LCAC Modern Treaty Implementation Research Project Law Theme Overview. Strengthening Our Shared Future November 2017

LCAC Modern Treaty Implementation Research Project Law Theme Overview. Strengthening Our Shared Future November 2017 LCAC Modern Treaty Implementation Research Project Law Theme Overview Strengthening Our Shared Future November 2017 Project Overview Modern Treaties Implementation Research: Strengthening Our Shared Future

More information

The Pimicikamak Citizenship Law

The Pimicikamak Citizenship Law Pimicikamak Cree Nation Law Pimicikamak Neynuweywin Eskanesiwin Onasowewin The Pimicikamak Citizenship Law OFFICE CONSOLIDATION This Law is made by Pimicikamak Cree Nation: Whereas the Creator made the

More information

FIRST NATIONS EDUCATION LAW MAKING PROTOCOL

FIRST NATIONS EDUCATION LAW MAKING PROTOCOL FIRST NATIONS EDUCATION LAW MAKING PROTOCOL ONTARIO NATIVE EDUCATION COUNSELLING ASSOCIATION First Nations Education Law Making Protocol Author: Kahontakwas Diane Longboat, Consultant, ONECA September

More information

UNDRIP: Lands, Territories & Resources and the Indigenous Forests in Canada

UNDRIP: Lands, Territories & Resources and the Indigenous Forests in Canada UNDRIP: Lands, Territories & Resources and the Indigenous Forests in Canada By Russell Diabo NAFA National Meeting on Indigenous Forest Certainty March 8, 2018, Stolen Algonquin Territory (Gatineau, Quebec)

More information

UN Declaration & Modern Treaties. Brenda L Gunn, Fellow, CIGI & Associate Professor, University of Manitoba

UN Declaration & Modern Treaties. Brenda L Gunn, Fellow, CIGI & Associate Professor, University of Manitoba UN Declaration & Modern Treaties Brenda L Gunn, Fellow, CIGI & Associate Professor, University of Manitoba 1 Why a Declaration on the Rights of Indigenous Peoples? 2 Affirming that indigenous peoples are

More information

Principles & Protocols for Research About First Nations Children and Communities in Canada

Principles & Protocols for Research About First Nations Children and Communities in Canada Principles & Protocols for Research About First Nations Children and Communities in Canada Jessica Ball Early Childhood Development Intercultural Partnerships University of Victoria Early Childhood Development

More information

Chief of Ontario Presentation to the Ipperwash Inquiry Ontario Regional Chief Angus Toulouse Speaking Notes

Chief of Ontario Presentation to the Ipperwash Inquiry Ontario Regional Chief Angus Toulouse Speaking Notes March 8, 2006 Traditional Greeting. Chief of Ontario Presentation to the Ipperwash Inquiry Ontario Regional Chief Angus Toulouse Speaking Notes I would like to extend my appreciation to Justice Sidney

More information

Re: BC Aboriginal Justice Council Submission to Re-establish the Human Rights Commission for British Columbia

Re: BC Aboriginal Justice Council Submission to Re-establish the Human Rights Commission for British Columbia November 24, 2017 Ravi Kahlon, MLA Parliamentary Secretary for Multiculturalism & Sport Parliament Buildings Victoria, BC V8V 1X4 Email to: BCHumanRights@gov.bc.ca Dear Mr. Kahlon, Parliamentary Secretary

More information

A Response to Bill 96, the Anti-Human Trafficking Act, 2017

A Response to Bill 96, the Anti-Human Trafficking Act, 2017 A Response to Bill 96, the Anti-Human Trafficking Act, 2017 May 2017 Introduction This document is a submission of the Ontario Federation of Indigenous Friendship Centres to the Standing Committee on Social

More information

Royal Commission on Aboriginal Peoples: An Exercise in Policy Education. For CPSA Panel, June 1 & 2, Peter H. Russell, University of Toronto

Royal Commission on Aboriginal Peoples: An Exercise in Policy Education. For CPSA Panel, June 1 & 2, Peter H. Russell, University of Toronto Royal Commission on Aboriginal Peoples: An Exercise in Policy Education For CPSA Panel, June 1 & 2, 2010 Peter H. Russell, University of Toronto The Royal Commission on Aboriginal Peoples was established

More information

Reconciling Indigenous Legal Traditions and Human Rights Law Indigenous Bar Association ~ 2011 Fall Conference

Reconciling Indigenous Legal Traditions and Human Rights Law Indigenous Bar Association ~ 2011 Fall Conference Reconciling Indigenous Legal Traditions and Human Rights Law Indigenous Bar Association ~ 2011 Fall Conference Canadian Human Rights Commission October 1, 2011 Outline 1. The Role of Law in Reconciliation

More information

Grade 9: Social Studies Review PAT Prep

Grade 9: Social Studies Review PAT Prep Grade 9: Social Studies Review PAT Prep 9.1 Issues for Canadians: Governance and Rights General Outcome Students will demonstrate an understanding and appreciation of how Canada s political processes impact

More information